פירוש על כתובות 81:13

Mishne' I seduced - In the Gemara it will be explained why the author of the Mishne did not mention the case of I forced your daughter:

And he does not pay the penalty - In tractate Bava Kama we extrapolate that someone who admits his liability with regard to a fine is exempt from (paying it), (this is deduced) from (the verse) 'that which the judges make wicked' to exclude someone who makes himself wicked:

My ox killed someone - and I am liable to pay a redemption (fee):

Behold this one pays on his own volition - he (the author) holds a redemption fee is monetary compensation (as opposed to being a penalty):

The servant belon to someone - and I am liable to (pay) 30 sela:

He does not pay - as they (the 30 sela) are a penalty, [the proof of this is] that even if (the slave) was only worth one dinar he pays (lit. gives) 30 (sela)

Gem' That he did not tarnish her - the scandal of a victim of rape is not as significant as the scandal of seduction, and since it does not tarnish her (as much) we believe him (enough) to take from him compensation for embarrassment and depreciation on his admission (lit. mouth):

I may have said no - we do not believe him as this would reinforce the scandal:

We do not believe him - as this will publicise (lit. go out from him) a scandal that she is from the adulteresses in town:

She would prefer - to allow (lit. raise) the scandal, in order to gain financially [as she would now receive compensation]:

The family would not prefer - and it is not upon (within the ambit of) the court to do something that would reinforce their (the family's) embarrassment:

[Monetary - and would pay on his own (volition)]:

They do not stand in the presumptive status of safety (lit. being guarded) - if the owner does not (make effort) that they do not cause damage, [they are not in a presumptive status of naturally (lit. on their own) being safe (guarded) not to cause damage] rather they cause damage, even unusual methods of damage, therefore it is incumbent on their owner to guard them, and one who does not guard them, (should) legally pay all (the damage) but the Merciful One had mercy on him, however that which he pays he is paying legally:

In order that it should be guarded - that he should increase (his efforts) to guard it over (and above) his (basic) requirements to guard it:

We learn - in Bava Kama:

The victim and the damager (share) in the payment - both of them lose in the matter, the initial logic is that this is what it is saying, both of them are touched (lit. reached) with this loss, the victim loses half and the damager half:

That is how the damager is connected with the payment - that he loses half (by paying) with his money:

He is not taking his (entitlement) - That whatever he takes, is taken for free [he was not entitled to it in the first place]:

Is he contributing (lit. connected) with the payment? - (to be read) interrogatively (as a question):